§ 3915 — Grounds for discipline; procedure

Delaware § 3915

• Jurisdiction: Delaware
• Title: 24
• Ch. 39: Board of Social Work Examiners

Text

(a) A licensee or former licensee is subject to disciplinary actions established in § 3916 of this title if, after a hearing, the Board finds that the licensee or former licensee has done any of the following:

(1) Employed or knowingly cooperated in fraud or material deception in order to be licensed as a social worker, impersonated licensee, allowed another individual to use the licensee’s or former licensee’s license, or aided or abetted an individual not licensed as a social worker to represent the individual as a social worker.

(2) Illegally, incompetently, or negligently practiced social work.

(3) Engaged within the previous 10 years or currently engages in the excessive use or abuse of drugs.

(4) Been convicted of a crime that is substantially related to the practice of social work.

(5) Violated a lawful provision of this chapter or any lawful regulation established under this chapter.

(6) Exceeded the scope of the licensee’s license, as the scope is defined in this chapter or any lawful regulation established under this chapter. For example, baccalaureate social work may be practiced only under supervision as provided by regulation. And, a master’s social worker must be supervised to provide clinical services as provided by regulation.

(7) Had the licensee’s license, certification, or registration as a social worker suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction, if the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record. Every licensee is deemed to have given consent to the social work board or other comparable agency in another jurisdiction to release this information and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses.

(8) Failed to notify the Board that the licensee’s license as a social worker in another jurisdiction has been subject to discipline or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence of the discipline, surrender, suspension, or revocation.

(9) Been convicted of a felony sexual offense.

(10) Failed to report child abuse or neglect as required by § 903 of Title 16, or any of its successors;

(11) Engaged in conversion therapy with a child;

(12) Referred a child to a provider in another jurisdiction to receive conversion therapy.

(b) If a licensee fails to comply with the Board’s request that the licensee attend a hearing, the Board may petition the Superior Court to order such attendance, and the Court has jurisdiction to issue such an order.

(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, the Board may not restrict, suspend, or revoke a license, or limit the licensee’s right to practice, until the licensee has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

Legislative History

63 Del. Laws, c. 462, § 2 ; 70 Del. Laws, c. 143, § 1 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 262, § 90 ; 75 Del. Laws, c. 436, § 45 ; 77 Del. Laws, c. 199, § 33 ; 78 Del. Laws, c. 26, §§ 3-6 ; 78 Del. Laws, c. 44, §§ 64, 65 ; 81 Del. Laws, c. 340, § 12 ; 81 Del. Laws, c. 263, § 18